Prepared to Deliver Strategic Results Divorce

Houston Divorce Attorney

Experienced Divorce Advocacy You Deserve In & Out of Court

Filing for divorce in Houston is one of the most complicated things you may ever do—legally and emotionally. Finding a divorce lawyer near you that is capable of protecting your rights under divorce laws in Texas and fighting for your best interests in court, all while dealing with your case empathetically, is vital if you want to achieve the best results. At Diggs & Sadler, our Houston divorce lawyers utilize a meticulous, client-focused approach to divorce that helps clients get what they want.

Schedule a consultation with our team of experienced Houston divorce attorneys—contact us online or via phone at (713) 766-5355.

Divorce Cases We Handle in Houston

The agreements reached during your divorce can significantly impact the rest of your life, from your financial security to your ability to spend time with your children. Therefore, without an experienced divorce attorney in Houston on your side, you may not be adequately protecting yourself or your future.

At Diggs & Sadler, we are prepared to assist clients with the following issues in Texas divorce law:

Our Houston divorce attorneys can help you navigate these issues and more. Contact us today at (713) 766-5355 or fill out a contact form for more information!

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How to File for Divorce in Houston

1. Meet the Residency Requirements for Divorce in Texas

If you want to file for divorce in Texas, then you must be domiciled in the state of Texas for at least six months and be a resident of Harris County—that is, the county in which you are filing for divorce in Texas—for at least 90 days. If you were absent and away from the state of Texas due to public service such as military obligations, that time you spent away will count as residency.

2. File for Divorce & Serve Your Spouse

In Texas, a divorce is handled as a lawsuit, which means filing a petition or a pleading for divorce with the court to begin the process. Then the Texas divorce papers must be served on the spouse, unless service is formally waived, and then the spouse, or respondent, must file a response, sometimes called an answer, on or before 10:00 a.m. on the first Monday following 20 days after service. Those eligible for serving your divorce papers include sheriffs, constables, process servers, or anyone authorized by the court. The two primary methods for delivering this service are either in person or certified mail. If the court allows, you may serve your spouse via email or social media, which is called "substitute service."

3. Go Through the Discovery Process

Both parties must make detailed disclosures describing their finances, income, and assets, and these disclosures should be backed up with financial documentation. Our divorce attorneys in Houston can help you gather the appropriate documents and ensure you do not miss anything.

After all documents and financial information are exchanged, and both parties have enough information, the court will encourage or even order the parties to mediation to try to resolve their disputes and make agreements about property and custody.

4. Attend Mediation or Litigation

Mediation is often the best option for both parties to resolve a contested divorce, but if it is impossible to reach a fair compromise, we may advise you to take the case to court. If so, your divorce will proceed to trial, where your divorce attorney will argue and present evidence on your behalf to seek the results you want.

The discovery process and subsequent mediation are crucial steps in a divorce case, as they provide opportunities to address and negotiate key areas of dispute. During mediation, parties can tackle various matters with the aim of reaching an amicable decision over asset division or child custody arrangements. This process is designed to foster collaboration between spouses, potentially minimizing conflict and the need for extended litigation. With informed legal guidance, you can navigate these discussions and make decisions that support long-term stability and peace.

Additional Resources:

Are There Alternatives to Divorce in Texas?

Does It Matter Who Files for Divorce First?

It does not necessarily matter who files first for divorce, but being the first to file can have its advantages—as well as its disadvantages.

If you are the first to file for divorce in Texas, then your spouse will have to respond to your petition within 20 days, or on or before 10:00 a.m. on the first Monday following 20 days after service. Therefore, being the first to file could save you the stress of trying to find the right divorce lawyer and respond in time.

One disadvantage to filing first is that you "show your hand." You have to explain in writing why you want a divorce and what you desire from the dissolution, which gives the other party an opportunity to counter your demands. You may also pay slightly more, since you were the one who paid to file for divorce in the first place.

Filing first can also provide you with the tactical advantage of being prepared, which might enhance your ability to gather necessary documentation and consult with your chosen legal team beforehand. However, this decision should be carefully considered, as the initial petition can set the tone for the rest of the proceedings, influencing how amicable or contentious matters become. Consulting with an experienced divorce attorney in Houston can guide you in determining the best strategy for your circumstances.

Exploring Marital Property Law in Houston

Texas is a community property state, meaning that any assets or debts acquired during the marriage are typically considered equally owned by both spouses. However, distinguishing between what constitutes marital property versus separate property can become contentious, especially when one party has brought significant assets into the marriage or has inherited wealth.

Certain assets such as real estate, vehicles, investments, and even business interests may require professional appraisal to ascertain their current value before division. Moreover, factors like prenuptial agreements, each spouse's contribution during the marriage, and each spouse’s economic standing can also influence how property division is approached.

For many families in Harris County, the most difficult questions arise when property is intertwined with a closely held business, stock options, or retirement plans that were earned over many years. In those situations, carefully tracing when and how an asset was acquired can make a substantial difference in how the court views your share of the community estate. Our team often works with financial professionals to prepare clear inventories, valuations, and projections so that you can evaluate settlement proposals with a realistic picture of your long-term financial stability rather than focusing only on the immediate numbers.

Marital property decisions made in a Houston divorce can affect everything from where you live after the case is over to your ability to retire on schedule. Because of that, it is important to consider not just who receives an asset, but also the tax consequences, liquidity, and ongoing costs of ownership. We help clients weigh options such as selling an asset versus awarding it to one spouse, offsetting a business interest with other property, or structuring payments over time to reduce financial strain. Taking a strategic, big-picture approach to property division can make your transition after divorce more manageable and predictable.

Working With Our Team-Based Divorce Representation

From the beginning of your divorce, we focus on understanding your priorities so that our work aligns with what matters most to you, whether that is protecting a business interest, maintaining stability for your children, or limiting conflict where possible. Our attorneys regularly meet to review developments, anticipate upcoming deadlines, and adjust tactics if your circumstances change. This level of coordination helps reduce surprises, ensures that someone familiar with your case is available when issues arise, and gives you a clearer picture of what to expect as your matter moves through the Houston and Harris County court system.

Because we prepare every case as though it may go to trial, we also place a strong emphasis on documenting facts, preserving evidence, and building a clear narrative from the outset. Even if your divorce ultimately resolves in mediation or negotiation, that preparation strengthens your position at the bargaining table and helps us explain your case effectively to mediators and opposing counsel. Clients often find that this combination of thorough preparation and collaborative support makes it easier to make informed decisions at each stage of the process and to move forward with greater confidence about the future.

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The Diggs & Sadler Difference A Tradition of Excellence

A Team-Based Approach

When you hire one attorney at Diggs & Sadler, you receive the experience, knowledge and insight of our team.
Always Prepared for Trial

Our attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
Strategic Representation

Each case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
We Put Clients First

At our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.

Can I Get an Uncontested Divorce in Houston?

Choosing an uncontested divorce in Houston can not only spare you the emotional toll of a contentious legal battle, but it can also save you money, as uncontested divorces are often resolved more quickly than contested divorces. With the right approach and local resources, you can navigate this challenging time with greater ease and confidence.

While uncontested divorces are comparatively simpler, it is essential to remain vigilant throughout the process. Even when parties agree on terms, legal documentation must be handled with precision to ensure that all agreements are binding and enforceable. This is where having a qualified divorce attorney in Houston becomes invaluable. They can draft the necessary legal documents, guide you through each step, and ensure that no detail is overlooked.

Even in an amicable case, there are practical questions to resolve about parenting schedules, division of debts, health insurance, and retirement accounts that can have long-term consequences if they are not addressed clearly. In Harris County courts, judges still review agreed decrees to confirm that they comply with Texas law, so vague language or missing provisions can cause delays or require you to come back later to fix problems. We work with clients to think through day-to-day scenarios—holidays, school decisions, future moves, and major expenses—so that your uncontested decree reflects real life and reduces the chance of conflict later.

Do I Need a Lawyer for an Uncontested Divorce?

An attorney’s role goes beyond mere paperwork; they also offer a safeguard against overlooking subtle legal nuances that could have significant implications. Our team at Diggs & Sadler is dedicated to helping clients understand their rights and obligations fully. We make it our mission to advocate for your interests and to illuminate potential outcomes and challenges that might not be immediately apparent if going it alone. By partnering with us, you ensure that you are making well-informed decisions that align with both your current needs and future aspirations.

Many people begin an uncontested divorce believing that they agree on everything, only to discover disagreements once specific terms are written down. Having counsel from the outset means you have someone to reality-check proposals, explain how a judge in Houston might view certain arrangements, and suggest creative options if negotiations stall. We also help clients recognize when an uncontested path is no longer serving them—such as when there are signs of hidden assets, substance abuse, or intimidation—so that you can pivot to a more protective strategy without losing momentum in your case.

Fault-Based vs. No-Fault Divorce

In Texas, divorcing parties have the option to file for a no-fault or fault-based divorce.

No-Fault Divorce in Texas – The party filing for divorce states that the marriage is “unsupportable” and that there is no hope for reconciliation. In other words, the marriage is irretrievably broken, and divorce is in both parties' best interests.
Fault-Based Divorce – The party filing for divorce cites a specific reason for doing so, such as cruel treatment, adultery, or abandonment by the other party.

The divorce fault categories in Texas are very general but may encompass many types of fault-based behavior. Domestic violence, for example, may be pleaded as cruel treatment.

Should I File for a No-Fault or Fault-Based Divorce?

It is important to realize that alleging fault will often create a more hostile, high-conflict divorce; however, it is also true that a no-fault divorce is not the same as an agreed or uncontested divorce—in a no-fault divorce, custody and property division are often still hotly contested.

In Texas, the no-fault divorce process involves:

Fulfilling Texas' residency requirements for divorce;
Completing the correct divorce documents. This will involve a divorce decree and other situational documentation. Factors include whether the divorce is contested, you have children, and a custody agreement is already in place.
Taking completed forms to the divorce court and County Clerk.
Paying necessary Texas court fees.
Fulfilling the 60-day waiting period after filing for divorce. A no-fault divorce requires a 60-day waiting period before the court will finalize your divorce. The 60 days begin when your original divorce petition is filed in court.
Completing all paperwork. You may arrange to be divorced on day 61, but only if you have all of your paperwork in order, including a final decree of divorce addressing all necessary issues, and other documents depending on whether you have children and whether you have property that must be divided or transferred.

How Our Houston Divorce Lawyers Approach Complex Cases

In complex matters, we frequently coordinate with outside professionals such as forensic accountants, business valuation experts, and mental health professionals to ensure that the court has a complete picture of your financial and family situation. Because we regularly appear in the Harris County family courts, we are familiar with the local rules, customary practices, and scheduling realities that influence how long certain disputes may take to resolve. This familiarity allows us to set realistic expectations, keep you updated on likely timeframes, and adjust our strategy as your case progresses.

Our team-based structure is especially valuable in these intricate divorces, as it allows us to divide tasks efficiently while maintaining a unified strategy. One attorney may focus on courtroom advocacy, while another manages discovery and financial analysis, and a third concentrates on parenting and possession issues. By approaching your case from multiple angles, we work to preserve what matters most to you, reduce avoidable conflict, and position you to move forward with a clear and workable plan after the final orders are signed.

At Diggs & Sadler, our Houston divorce lawyers can help you obtain a better outcome in your divorce. To schedule a consultation with our team, contact us online or via phone (713) 766-5355

Divorce for Common-Law Marriage

Many couples in Texas choose to engage in a common-law marriage instead of a traditional marriage. Typically, to dissolve a common-law marriage, couples must file for a divorce just as they would to end a traditional marriage.

For a couple to prove they have a common-law marriage, both parties must:

Agree to be married,
Cohabitate, and
Hold themselves out to the public as though they are married.

Additionally, couples can choose to file common-law marriage paperwork to establish a common-law marriage. Agreements that couples form to enter a common-law marriage can contain stipulations for the financial aspects of their relationship, such as what property should be considered community assets and liabilities.

These cases can be especially complex in the Houston area when partners disagree about whether a common-law marriage ever existed, because the answer affects property rights, potential support, and even how a court in Harris County views parental rights. Evidence such as joint tax returns, how you introduced each other socially, and whether you signed leases or loans as spouses can all be scrutinized. We work with clients to gather and organize this information so that the court has a clear picture of the relationship history and can apply Texas law fairly to your situation.

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How Much Could Divorce Cost Me?

Complexity, conflict, and time: Complex issues, such as cases that involve significant or unusual assets or disputes over potentially complex matters such as separate property, jurisdictional disputes, or child custody, may require more work, cause the case to take longer to resolve, and result in a costlier divorce.
The experience of the attorney: Our more experienced attorneys naturally cost more per hour; however, you get what you pay for. If the case is unusual or complex, the more experienced attorney who charges more by the hour may actually save you money in the appropriate case. If your case is more straightforward, an attorney with lower hourly rates may be the best attorney to take good care of your needs.
Your approach: We will be there for you when you call on us. Your ability to manage your time with your attorney and to seek out ways to save money with simple steps like organizing documents and information and responding quickly to requests from us for information will save you money on fees.

Tax Issues to Be Aware of During a Divorce

While we are not tax advisers, you should know that tax issues may impact many aspects of your divorce, including the following:

The tax impact of property division: In Texas, the courts may take the tax impact of the various property division options into account in reaching the final division of the marital property. Certain property will be taxed when liquidated, such as stocks with capital gains or real estate that has appreciated. Money from most retirement accounts will be taxed at the time of withdrawal, but not taxed if the funds are in a Roth IRA. The court may take these tax variables into account.
Child support: Child support payments are not considered taxable income for the recipient and are not deductible for the paying party.
Alimony or spousal maintenance: Once deductible, the law has changed, and alimony is no longer deductible for the paying party.
Dependent tax deduction: Typically, the spouse who has primary custody of the children will receive the tax deduction for dependents unless the parties agree otherwise.
Division of retirement plans: Retirement plans may be divided without being taxed, usually by a document called a Qualified Domestic Relations Order or QDRO.
Withdrawing money from a retirement plan awarded in divorce: Once all or part of a retirement plan is awarded and transferred to you upon divorce, you have a brief window to withdraw funds one time before retirement without paying the 10% early withdrawal penalty, but you will nevertheless need to pay taxes on the funds withdrawn.
Attorney fees: Generally, attorney fees related to the divorce are not tax-deductible. Potential exceptions may apply, allowing a deduction for certain types of advice.

Commonly Asked Questions

Can I Get a Divorce in Houston, TX Without Going to Court?

In some cases, couples can opt for mediation or collaborative divorce to settle their divorce outside of court. However, court involvement may still be necessary for finalizing the divorce. Mediation allows for dispute resolution through a neutral third party, facilitating communication between spouses to reach mutually agreeable solutions. Collaboratively, your Houston divorce attorney can work alongside trained professionals in a team effort to create a supportive environment for developing fair agreements on matters such as asset division and child custody without resorting to litigation. While these alternatives offer more privacy and control over outcomes, they require both parties' commitment to cooperation for success.

How Is Property Divided in a Divorce in Houston, TX?

Texas follows community property laws, which means that marital property is typically divided equally between spouses. However, factors such as individual contributions and fault may also be considered. When dividing property, the court will look at equitable distribution, considering the needs of each party, the length of the marriage, and the economic disparities between spouses. In certain situations, property brought into the marriage or received via gift or inheritance is excluded from community property, unless it has been commingled with marital assets.

How Much Does a Divorce Cost in Texas?

For divorce in Harris County, the filing fees alone add up to $320, which does not include additional fees for cases involving child custody. It also does not include attorney fees or court fees. According to a study published by USA Today in 2020, the average cost of divorce in Texas is $15,600 without children and $23,500 with children, making it the fifth most expensive state when it comes to divorce. Costs vary depending on the complexity and conflict level of the case. Expenses will be influenced by litigation, mediation, and negotiation efforts, making transparency with your attorney about costs and expectations critical in managing the financial aspects of divorce. Additionally, exploring alternative fee arrangements such as flat fees or payment plans can offer peace of mind during this challenging time.

What Are the Steps to Modify Child Custody in Houston?

Modifying child custody in Houston requires proving a significant change in circumstances since the original order. Both parents must either agree to the modification or the requesting parent must provide evidence that a change is in the best interests of the child. Steps include filing a petition with the court, attending a court hearing, and possibly undergoing mediation. The petitioner should present evidence such as changing needs of the child, parental relocation, or instances of parental misbehavior.

What Role Does Mediation Play in a Houston Divorce?

Mediation in a Houston divorce provides a voluntary forum where spouses can resolve disputes regarding asset division, child custody, and other pertinent matters with the help of a neutral mediator. Attending mediation can result in less adversarial and more cost-effective outcomes than lengthy court battles. It allows the parties to discuss sensitive issues openly in a confidential setting, aiming for consensus-driven solutions. Successful mediation can streamline the divorce process, reducing the time and financial costs associated with divorce proceedings. However, for mediation to be effective, both parties must commit to cooperation and prioritize mutual interests over individual gains.

How Long Will It Take to Finalize My Divorce?

The following are just some of the issues and disputes in divorce that may take significant time for your attorney to resolve:

Dividing assets: If you and your spouse share assets, called community property, and disagree on how to divide them, it can lengthen the divorce process.
Separate property disputes: If you or your spouse have disputed claims for separate property, that may take more time to resolve.
Child custody battles: Arriving at a custody agreement can be a bitter back-and-forth that takes time. Disagreements will delay your divorce or even necessitate a hearing or trial.
Child support disputes: If you cannot agree on fair child support payments, the case may need to proceed to trial.
Alimony: Alimony, or as we call it in Texas, spousal maintenance, can be a source of disagreement between divorcing parties and may delay the case.
Trial: If your case must go to trial to be resolved by the judge or jury, then your case will take longer because you will have to wait for a trial date from the court and take all the necessary steps to prepare.

Our Houston divorce attorneys are here to help. To schedule a consultation with our team, contact us online or via phone (713) 766-5355

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